land claims & treaty land entitlement. what are first nation land claims? land claims are...

Land Claims&

Treaty Land Entitlement

What are First Nation Land Claims?

Land claims are unresolved grievances between First Nations and the Government of Canada.

First Nations People and the Land

Aboriginal people have a deep affection for the land that dates to time immemorial.

"Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We did not inherit the Earth from our

Ancestors, we borrow it from our Children."

Ancient Indian Proverb

Why do we need land claims?

Types of Land Claims

The federal government first announced a formal policy on claims in 1973.

That policy divides grievances into two broad categories:

Comprehensive Specific

Comprehensive Claims

A comprehensive claim may arise when a First Nation asserts aboriginal rights and title to land.The First Nations argue that certain lands which have not fallen under a treaty belong to the First Nation people who occupy the area.Most of these claims are in British Columbia where no land treaties were made.

Comprehensive Claim

There is a catch:

The federal government says these claims require First Nation people to exchange their aboriginal rights and title for treaty rights.

Comprehensive Claims

The most famous comprehensive land claim is:

Nunavut

Specific Claims

Specific claims arise when a First Nation alleges that the federal government has not honoured it’s treaties.

Specific claims make up most of the claims that have been submitted to the government since 1973.

About 900 have been submitted to date

Specific Claims

Here’s the catch:

A specific claim is valid ONLY if a First Nation can prove the government has not fulfilled it’s duties.

Specific ClaimsThe First Nations are entitled to compensation if:

•There has been a non-fulfillment of a treaty

• A breach of the Indian Act in regards to land

•The mishandling of Indian funds or assets

•An illegal sale or disposition of Indian land

Specific Claims

Specific claims typically include cash to compensate reserves for the value of land that was taken unlawfully.

Some First Nations which have received money from a claim include:

-Flying Dust

-Pelican Lake

-Kahkewistahaw